HF 2188

1st Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to motor carriers; modifying and reorganizing 
  1.3             provisions relating to allowable truck lengths and 
  1.4             combinations; amending Minnesota Statutes 1994, 
  1.5             sections 168.011, subdivisions 13 and 14; 168.013, 
  1.6             subdivision 1e; 169.81, subdivision 2, and by adding a 
  1.7             subdivision; and 169.86, subdivision 1; Minnesota 
  1.8             Statutes 1995 Supplement, section 169.81, subdivision 
  1.9             3. 
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1994, section 168.011, 
  1.12  subdivision 13, is amended to read: 
  1.13     Subd. 13.  [TRAILER.] "Trailer" means any vehicle designed 
  1.14  for carrying property or passenger on its own structure and for 
  1.15  being drawn by a motor vehicle but shall not include a trailer 
  1.16  drawn by a truck-tractor semitrailer combination, or an 
  1.17  auxiliary axle on a motor vehicle which carries a portion of the 
  1.18  weight of the motor vehicle to which it is attached.  For the 
  1.19  purpose of registration, trailers coupled with a truck-tractor, 
  1.20  semitrailer combination are semitrailers. 
  1.21     Sec. 2.  Minnesota Statutes 1994, section 168.011, 
  1.22  subdivision 14, is amended to read: 
  1.23     Subd. 14.  [SEMITRAILER.] "Semitrailer " means a vehicle of 
  1.24  the trailer type so designed and used in conjunction with a 
  1.25  truck-tractor that a considerable part of its own weight or that 
  1.26  of its load rests upon and is carried by the truck-tractor and 
  1.27  shall include a trailer drawn by a truck-tractor semitrailer 
  2.1   combination.  For the purpose of registration, trailers coupled 
  2.2   with a truck-tractor, semitrailer combination are semitrailers. 
  2.3      Sec. 3.  Minnesota Statutes 1994, section 168.013, 
  2.4   subdivision 1e, is amended to read: 
  2.5      Subd. 1e.  [TRUCKS; TRACTORS; COMBINATIONS; EXCEPTIONS.] On 
  2.6   trucks and tractors except those in this chapter defined as farm 
  2.7   trucks, on truck-tractor and semitrailer combinations except 
  2.8   those defined as farm combinations, and on commercial zone 
  2.9   vehicles, the tax based on total gross weight shall be graduated 
  2.10  according to the Minnesota base rate schedule prescribed in this 
  2.11  subdivision, but in no event less than $120. 
  2.12                Minnesota Base Rate Schedule 
  2.13            Scheduled taxes include five percent
  2.14            surtax provided for in subdivision 14
  2.15            TOTAL GROSS WEIGHT
  2.16                IN POUNDS                    TAX
  2.17            A       0 -  1,500             $  15
  2.18            B   1,501 -  3,000                20
  2.19            C   3,001 -  4,500                25
  2.20            D   4,501 -  6,000                35
  2.21            E   6,001 -  9,000                45
  2.22            F   9,001 - 12,000                70
  2.23            G  12,001 - 15,000               105
  2.24            H  15,001 - 18,000               145
  2.25            I  18,001 - 21,000               190
  2.26            J  21,001 - 26,000               270
  2.27            K  26,001 - 33,000               360
  2.28            L  33,001 - 39,000               475
  2.29            M  39,001 - 45,000               595
  2.30            N  45,001 - 51,000               715
  2.31            O  51,001 - 57,000               865
  2.32            P  57,001 - 63,000              1015
  2.33            Q  63,001 - 69,000              1185
  2.34            R  69,001 - 73,280              1325
  2.35            S  73,281 - 78,000              1595
  2.36            T  78,001 - 81,000              1760
  3.1      For purposes of the Minnesota base rate schedule, for 
  3.2   vehicles with six or more axles in the "S" and "T" categories, 
  3.3   the base rates are $1,520 and $1,620 respectively. 
  3.4      For each vehicle with a gross weight in excess of 81,000 
  3.5   pounds an additional tax of $50 is imposed for each ton or 
  3.6   fraction thereof in excess of 81,000 pounds, subject to 
  3.7   subdivision 12. 
  3.8      Truck-tractors except those herein defined as farm and 
  3.9   commercial zone vehicles shall be taxed in accord with the 
  3.10  foregoing gross weight tax schedule on the basis of the combined 
  3.11  gross weight of the truck-tractor and any semitrailer or 
  3.12  semitrailers which the applicant proposes to combine with the 
  3.13  truck-tractor.  
  3.14     Commercial zone trucks include only trucks, truck-tractors, 
  3.15  and semitrailer combinations which are: 
  3.16     (1) used by an authorized local cartage carrier operating 
  3.17  under a permit issued under section 221.296 and whose gross 
  3.18  transportation revenue consists of at least 60 percent obtained 
  3.19  solely from local cartage carriage, and are operated solely 
  3.20  within an area composed of two contiguous cities of the first 
  3.21  class and municipalities contiguous thereto as defined by 
  3.22  section 221.011, subdivision 17; or, 
  3.23     (2) operated by an interstate carrier registered under 
  3.24  section 221.60, or by an authorized local cartage carrier or 
  3.25  other carrier receiving operating authority under chapter 221, 
  3.26  and operated solely within a zone exempt from regulation by the 
  3.27  interstate commerce commission pursuant to United States Code, 
  3.28  title 49, section 10526(b). 
  3.29     The license plates issued for commercial zone vehicles 
  3.30  shall be plainly marked.  A person operating a commercial zone 
  3.31  vehicle outside the zone or area in which its operation is 
  3.32  authorized is guilty of a misdemeanor and, in addition to the 
  3.33  penalty therefor, shall have the registration of the vehicle as 
  3.34  a commercial zone vehicle revoked by the registrar and shall be 
  3.35  required to reregister the vehicle at 100 percent of the full 
  3.36  annual tax prescribed in the Minnesota base rate schedule, and 
  4.1   no part of this tax shall be refunded during the balance of the 
  4.2   registration year. 
  4.3      On commercial zone trucks the tax shall be based on the 
  4.4   total gross weight of the vehicle and during each of the first 
  4.5   eight years of vehicle life shall be 75 percent of the Minnesota 
  4.6   base rate schedule.  During the ninth and succeeding years of 
  4.7   vehicle life the tax shall be 50 percent of the Minnesota base 
  4.8   rate schedule. 
  4.9      On trucks, truck-tractors and semitrailer combinations, 
  4.10  except those defined as farm trucks and farm combinations, and 
  4.11  except for those commercial zone vehicles specifically provided 
  4.12  for in this subdivision, the tax for each of the first eight 
  4.13  years of vehicle life shall be 100 percent of the tax imposed in 
  4.14  the Minnesota base rate schedule, and during the ninth and 
  4.15  succeeding years of vehicle life, the tax shall be 75 percent of 
  4.16  the Minnesota base rate prescribed by this subdivision. 
  4.17     For the purpose of registration, trailers coupled with a 
  4.18  truck-tractor, semitrailer combination are semitrailers. 
  4.19     Sec. 4.  Minnesota Statutes 1994, section 169.81, 
  4.20  subdivision 2, is amended to read: 
  4.21     Subd. 2.  [LENGTH OF SINGLE VEHICLE; EXCEPTIONS.] 
  4.22  (a) Statewide, no single unit motor vehicle, except mobile 
  4.23  cranes which may not exceed 48 feet and buses which may not 
  4.24  exceed 45 feet, unladen or with load may exceed a length of 40 
  4.25  feet extreme in overall dimensions inclusive of length, 
  4.26  including load and front and rear bumpers, except that the 
  4.27  governing body of a city is authorized by permit to provide for 
  4.28  the maximum length of a motor vehicle, or combination of motor 
  4.29  vehicles, or the number of vehicles that may be fastened 
  4.30  together, and which may be operated upon the streets or highways 
  4.31  of a city; provided, that the permit may not prescribe a length 
  4.32  less than that permitted by state law.  A motor vehicle operated 
  4.33  in compliance with the permit on the streets or highways of the 
  4.34  city is not in violation of this chapter: 
  4.35     (1) mobile cranes, which may not exceed 48 feet in overall 
  4.36  length; and 
  5.1      (2) buses, which may not exceed 45 feet in overall length.  
  5.2      (b) Statewide, no single semitrailer may have an exceed 48 
  5.3   feet in overall length, exclusive of including bumper and load, 
  5.4   but excluding non-cargo-carrying accessory equipment, including 
  5.5   such as refrigeration units or air compressors, necessary for 
  5.6   safe and efficient operation mounted or and located on the end 
  5.7   of the semitrailer adjacent to the truck or truck-tractor, in 
  5.8   excess of 48 feet, except that.  However, statewide, a single 
  5.9   semitrailer may have an overall length in excess of exceed 48 
  5.10  feet, but not greater than 53 feet, if the distance from the 
  5.11  kingpin to the centerline of the rear axle group of the 
  5.12  semitrailer does not exceed 41 feet.  
  5.13     Statewide, no single trailer may have an overall 
  5.14  length inclusive of exceeding 45 feet, including the tow bar 
  5.15  assembly and but exclusive of rear protective bumpers which 
  5.16  that do not increase the overall length by more than six inches, 
  5.17  in excess of 45 feet. 
  5.18     For determining compliance with the provisions of this 
  5.19  subdivision, the length of the semitrailer or trailer must be 
  5.20  determined separately from the overall length of the combination 
  5.21  of vehicles.  
  5.22     (c) No semitrailer or trailer used in a three-vehicle 
  5.23  combination may have an overall length in excess of 28-1/2 feet, 
  5.24  exclusive of: 
  5.25     (1) non-cargo-carrying accessory equipment, including 
  5.26  refrigeration units or air compressors and upper coupler plates, 
  5.27  necessary for safe and efficient operation, mounted or located 
  5.28  on the end of the semitrailer or trailer adjacent to the truck 
  5.29  or truck-tractor; 
  5.30     (2) the tow bar assembly; and 
  5.31     (3) lower coupler equipment that is a fixed part of the 
  5.32  rear end of the first semitrailer or trailer.  
  5.33     The commissioner may not grant a permit authorizing the 
  5.34  movement, in a three-vehicle combination, of a semitrailer or 
  5.35  trailer that exceeds 28-1/2 feet, except that the commissioner 
  5.36  may renew a permit that was granted before April 16, 1984, for 
  6.1   the movement of a semitrailer or trailer that exceeds the length 
  6.2   limitation in this paragraph, or may grant a permit authorizing 
  6.3   the transportation of empty trailers that exceed 28-1/2 feet, 
  6.4   when using a B-train hitching mechanism as defined in Code of 
  6.5   Federal Regulations, title 23, section 658.5, paragraph (o), 
  6.6   from a point of manufacture in the state to the state border. 
  6.7      Sec. 5.  Minnesota Statutes 1994, section 169.81, is 
  6.8   amended by adding a subdivision to read: 
  6.9      Subd. 2a.  [NUMBER OF UNITS IN VEHICLE COMBINATIONS; 
  6.10  GENERALLY, EXCEPTIONS.] (a) Statewide, no combination of 
  6.11  vehicles coupled together may consist of more than two units, 
  6.12  except as provided in paragraph (b). 
  6.13     (b) Three-unit combinations may only be used as provided 
  6.14  for in subdivisions 3, paragraph (c); 3c; 8; and 10.  Further, 
  6.15  vehicles transporting milk from the point of production to the 
  6.16  point of first processing may consist of no more than three 
  6.17  units.  Mount combinations, consisting of a truck or 
  6.18  truck-tractor transporting similar vehicles by having the front 
  6.19  axle of the transported vehicle mounted onto the center of the 
  6.20  rear part of the preceding vehicle, may be used. 
  6.21     Sec. 6.  Minnesota Statutes 1995 Supplement, section 
  6.22  169.81, subdivision 3, is amended to read: 
  6.23     Subd. 3.  [LENGTH OF VEHICLE COMBINATIONS.] (a) Statewide, 
  6.24  except as provided on the highways identified under provisions 
  6.25  in paragraph (b) (c), no combination of vehicles coupled 
  6.26  together, including truck-tractor and semitrailer, may consist 
  6.27  of more than two units and no combination of vehicles, unladen 
  6.28  or with load, may exceed a total length of 75 feet.  
  6.29     (b) However, the total length limitation does not apply 
  6.30  to the transportation of telegraph poles, combinations of 
  6.31  vehicles transporting: 
  6.32     (1) telephone poles, electric light and power poles, 
  6.33  piling, or pole length pulpwood, and is subject to the following 
  6.34  further exceptions:  the length limitations do not apply to 
  6.35  vehicles transporting; or 
  6.36     (2) pipe or other objects by a public utility when required 
  7.1   for emergency or repair of public service facilities or when 
  7.2   operated under special permits as provided in this subdivision, 
  7.3   but with respect to night transportation, a vehicle and the load 
  7.4   section 169.86. 
  7.5   These combinations of vehicles must be equipped with a 
  7.6   sufficient number of clearance lamps and marker markers, or 
  7.7   lamps for night transportation, on both sides and upon the 
  7.8   extreme ends of a projecting load to clearly mark the dimensions 
  7.9   of the load.  Mount combinations may be drawn but the 
  7.10  combinations may not exceed 65 feet in length.  The limitation 
  7.11  on the number of units does not apply to vehicles used for 
  7.12  transporting milk from point of production to point of first 
  7.13  processing, in which case no combination of vehicles coupled 
  7.14  together unladen or with load, including truck-tractor and 
  7.15  semitrailers, may consist of more than three units and no 
  7.16  combination of those vehicles may exceed a total length of 65 
  7.17  feet.  Notwithstanding other provisions of this section, and 
  7.18  except as provided in paragraph (b), no combination of vehicles 
  7.19  consisting of a truck-tractor and semitrailer designed and used 
  7.20  exclusively for the transportation of motor vehicles or boats 
  7.21  may exceed 65 feet in length.  The load may extend a total of 
  7.22  seven feet, but may not extend more than three feet beyond the 
  7.23  front or four feet beyond the rear, and in no case may the 
  7.24  overall length of the combination of vehicles, unladen or with 
  7.25  load, exceed 65 feet.  For the purpose of registration, trailers 
  7.26  coupled with a truck-tractor, semitrailer combination are 
  7.27  semitrailers.  The state as to state trunk highways, and a city 
  7.28  or town as to roads or streets located within the city or town, 
  7.29  may issue permits authorizing the transportation of combinations 
  7.30  of vehicles exceeding the limitations in this subdivision over 
  7.31  highways, roads, or streets within their boundaries.  
  7.32  Combinations of vehicles authorized by this subdivision may be 
  7.33  restricted as to the use of highways by the commissioner as to 
  7.34  state trunk highways, and a road authority as to highways or 
  7.35  streets subject to its jurisdiction.  Nothing in this 
  7.36  subdivision alters or changes the authority vested in local 
  8.1   authorities under the provisions of section 169.04.  
  8.2      (b) (c) The following combination of vehicles regularly 
  8.3   engaged in the transportation of commodities may operate only on 
  8.4   divided highways having four or more lanes of travel, and on 
  8.5   other highways as may be designated by the commissioner of 
  8.6   transportation subject to section 169.87, subdivision 1, and 
  8.7   subject to the approval of the authority having jurisdiction 
  8.8   over the highway, for the purpose of providing reasonable access 
  8.9   between the divided highways of four or more lanes of travel and 
  8.10  terminals, facilities for food, fuel, repair, and rest, and 
  8.11  points of loading and unloading for household goods carriers, 
  8.12  livestock carriers, or for the purpose of providing continuity 
  8.13  of route:  
  8.14     (1) a truck-tractor and semitrailer exceeding 65 75 feet in 
  8.15  length; 
  8.16     (2) a combination of vehicles with an overall length 
  8.17  exceeding 55 feet and including a truck-tractor and semitrailer 
  8.18  drawing one additional semitrailer which may be equipped with an 
  8.19  auxiliary dolly; 
  8.20     (3) a combination of vehicles with an overall length 
  8.21  exceeding 55 feet and including a truck-tractor and semitrailer 
  8.22  drawing one full trailer; 
  8.23     (4) a truck-tractor and semitrailer designed and used 
  8.24  exclusively for the transportation of motor vehicles or boats 
  8.25  and exceeding an overall length of 65 75 feet including the load 
  8.26  except as restricted by applicable federal law; and 
  8.27     (5) a truck or truck-tractor transporting similar vehicles 
  8.28  by having the front axle of the transported vehicle mounted onto 
  8.29  the center or rear part of the preceding vehicle, defined in 
  8.30  Code of Federal Regulations, title 49, sections 390.5 and 393.5 
  8.31  as drive-away saddlemount combinations or drive-away saddlemount 
  8.32  vehicle transporter combinations, when the overall length 
  8.33  exceeds 65 75 feet.  
  8.34     Vehicles operated under the provisions of this section must 
  8.35  conform to the standards for those vehicles prescribed by the 
  8.36  United States Department of Transportation, Federal Highway 
  9.1   Administration, Bureau of Motor Carrier Safety, as amended. 
  9.2      Sec. 7.  Minnesota Statutes 1994, section 169.86, 
  9.3   subdivision 1, is amended to read: 
  9.4      Subdivision 1.  [APPLICATION FOR PERMIT.] (a) The 
  9.5   commissioner, with respect to highways under the commissioner's 
  9.6   jurisdiction, and local authorities, with respect to highways 
  9.7   under their jurisdiction, may, in their discretion, upon 
  9.8   application in writing and good cause being shown therefor, 
  9.9   issue a special permit, in writing, authorizing the applicant to 
  9.10  move a vehicle or combination of vehicles of a size or weight of 
  9.11  vehicle or load exceeding the maximum specified in this chapter, 
  9.12  or otherwise not in conformity with the provisions of this 
  9.13  chapter, upon any highway under the jurisdiction of the party 
  9.14  granting such permit and for the maintenance of which such party 
  9.15  is responsible. 
  9.16     (b) Permits relating to over-width, over-length 
  9.17  manufactured homes shall not be issued to persons other than 
  9.18  manufactured home dealers or manufacturers for movement of new 
  9.19  units owned by the manufactured home dealer or manufacturer, 
  9.20  until the person has presented a statement from the county 
  9.21  auditor and treasurer where the unit is presently located, 
  9.22  stating that all personal and real property taxes have been 
  9.23  paid.  Upon payment of the most recent single year delinquent 
  9.24  personal property or current year taxes only, the county auditor 
  9.25  or treasurer must issue a taxes paid statement to a manufactured 
  9.26  home dealer or a financial institution desiring to relocate a 
  9.27  manufactured home that has been repossessed.  This statement 
  9.28  must be dated within 30 days of the contemplated move.  The 
  9.29  statement from the county auditor and treasurer where the unit 
  9.30  is presently located, stating that all personal and real 
  9.31  property taxes have been paid, may be made by telephone.  If the 
  9.32  statement is obtained by telephone, the permit shall contain the 
  9.33  date and time of the telephone call and the names of the persons 
  9.34  in the auditor's office and treasurer's office who verified that 
  9.35  all personal and real property taxes had been paid. 
  9.36     (c) The commissioner may not grant a permit authorizing the 
 10.1   movement, in a three-vehicle combination, of a semitrailer or 
 10.2   trailer that exceeds 28-1/2 feet, except that the commissioner 
 10.3   (1) may renew a permit that was granted before April 16, 1984, 
 10.4   for the movement of a semitrailer or trailer that exceeds the 
 10.5   length limitation in section 169.81, subdivision 2, or (2) may 
 10.6   grant a permit authorizing the transportation of empty trailers 
 10.7   that exceed 28-1/2 feet when using a B-train hitching mechanism 
 10.8   as defined in Code of Federal Regulations, title 23, section 
 10.9   658.5, paragraph (o), from a point of manufacture in the state 
 10.10  to the state border. 
 10.11     (d) The state as to state trunk highways, a statutory or 
 10.12  home rule charter city as to streets in the city, or a town as 
 10.13  to roads in the town, may issue permits authorizing the 
 10.14  transportation of combinations of vehicles exceeding the 
 10.15  limitations in section 169.81, subdivisions 2a and 3, over 
 10.16  highways, streets, or roads within its boundaries.  Combinations 
 10.17  of vehicles authorized by this paragraph may be restricted as to 
 10.18  the use of state trunk highways by the commissioner, to the use 
 10.19  of streets by the city road authority, and to the use of roads 
 10.20  by the town road authority.  Nothing in this paragraph or 
 10.21  section 168.81, subdivisions 2a and 3, alters or changes the 
 10.22  authority vested in local authorities under section 169.04.